Ms Fiona Duffy:

There is no international regulatory body. As I understand it, there is the European Society of Human Reproduction and Embryology, ESHRE. Different fertility clinics around Europe are affiliated to ESHRE but it is not a regulatory body although it could be of assistance.

The Senator asked about the surrogacy process in terms of the difficulties that might arise when a relationship breaks down. Interestingly, over the years when people came to me I would say to them that we needed to get things sorted out because everything is fine so long as everything is rosy in the garden but if there is a break-up in the marriage or relationship then that is where issues start to appear.

A psychiatrist involved in a case I was dealing with once described surrogacy as being the happy side of family law and that is true because it is making families. It is wonderful to be a lawyer involved in that and it has brought such pleasure to what I do. The other side of it is not the happy side. I do not do that end of it but the Senator said she is aware of situations and I have been approached by people and I do not deal with it because it is sad. Any marriage or relationship break-up is incredibly sad but the Senator is correct in what she said. In the cases that have come to my attention there is a huge control issue, which I have only come across in heterosexual couples where the male is the father recognised in Irish law. In some cases the female may have been biologically related to the child and in other cases she may not have been. In some of those cases he has exercised control, asserted that the child is his, that the female is not the parent and stated that he can do what he wants. The control end of it is quite frightening, particularly if there is no guardianship for the second parent. It is a major concern.